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UNITED STATES JAYCEES v. McCLURE

No. 82-1493.

709 F.2d 1560 (1983)

The UNITED STATES JAYCEES, a nonprofit Missouri corporation, on behalf of itself and its qualified members, Appellant, v. Marilyn E. McCLURE, Commissioner, Minnesota Department of Human Rights; Warren Spannaus, Attorney General of the State of Minnesota; and George A. Beck, Hearing Examiner of the State of Minnesota, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 7, 1983.

Rehearing and Rehearing Denied August 1, 1983.

Dissenting Opinion August 1, 1983.

Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., State of Minn., Richard L. Varco, Jr., Sp. Asst. Atty. Gen., Saint Paul, Minn., for appellees McClure, Spannaus, and Beck.

Clay R. Moore, Mackall, Crounse & Moore, Minneapolis, Minn., Carl D. Hall, Jr., Tulsa, Okl., for appellant The United States Jaycees.

NOW Legal Defense and Education Fund, Inc., Phyllis N. Segal, Judith I. Avner, New York City, Kramer, Levin, Nessen, Kamin & Soll, Charlotte M. Fischman, Miriam R. Best, Edward H. Rosenthal, New York City, for the National Organization for Women, Minnesota State Chapter, as amicus curiae.

Robert A. Yothers, Seattle, Wash., for amicus curiae.

Before LAY, Chief Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.

Rehearing and Rehearing En Banc Denied August 1, 1983.

ARNOLD, Circuit Judge.

The United States Jaycees, a young men's civic and service organization, does not admit women to full membership. A Minnesota statute, as amended in 1972, forbids discrimination on the basis of sex in "places of public accommodation." Minn. Stat.Ann. §§ 363.01 subd. 18, 363.03 subd. 3. The Supreme Court of Minnesota has interpreted this phrase to include the Jaycees, and...

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